Skip to main content

tv   [untitled]    August 23, 2011 6:00am-6:30am PDT

6:00 am
building, he should go to the facilities on van ness avenue, but he should not be here trying to hold up trying to get these repairs made. there are immediate life safety issues. there are is garbage all of the decks that is blocking the exits. -- all over the decks. it has to be corrected immediately. i do not think the building department or the fire department or anybody would be happy with the condition of the decks. i just want to make repairs, and if he has a question with the way we operate, he can go to the rent board. commissioner garcia: or possibly, he can come here. >> it is up to you guys. i am just trying to make the repairs. commissioner garcia: will the state definitively that they will be able to have their laundry facilities? >> this is a very green city,
6:01 am
very environmentally focused, and we have 12 people living there, and eight of them have their own laundry machines, and it would probably make sense to have a central laundry area as opposed to having all of these going the same time in a building that is 120 years old, and all of this extra weight on the decks, it just does not make any sense. commissioner garcia: so are you offering to put in laundry facilities for all of the people prince >> all i am trying to do is make the repairs to the deck. there are homeless and the deck. i have not had a chance to assess this. the building has other repairs, but i am just trying to get through this notice of violation, and i do not want to sit here and make commitments as to what i can and cannot do until i can get into the building until a confined out what facilities are available, what space is available. commissioner garcia: how do you
6:02 am
feel about allowing them to continue to have those moderate facilities after the repairs? >> there is issue of the decks being blocked. there is not adequate space. wendy's decks were built, there were no washing machines. there was a moderate trade that is still out there. a laundry was done by hand, and those old concrete trace still exist on the building. that is what it was made for. over time, they have put these machines in, and they have all sent me letters stating that they own it. commissioner garcia: if it turns out to be co-compliant, would you let them do it? >> i do not begin makes sense to have 12 flandres systems for 12 and the jews. commissioner garcia: thank you. -- to have 12 laundry systems
6:03 am
for 12 independent people. >> it is a typical building permit which we issued for less than 50% repair, stairs, decks, and i went there actually yesterday to the building, and the deck, the stairs, the landings, they all need repairs. you can probably get away with less than 50%. there are areas that are definitely in need of immediate repair, so the work, it definitely needs done, and you probably have to move some stuff to get the work done, stuff being appliances, planter boxes, personal items, which is probably typical for a i am available for any questions. commissioner garcia: mr. duffy,
6:04 am
having seen the decks and the appliances that are on them, from your opinion, even though it is pretty clear that the owner does not intend to allow that, would that be co- compliant, or would there be an issue with egress -- co- compliant -- code-compliant. >> i talked to some and before coming year, and he said that you probably need 36 inches, and i did not have a tape measure with the, but i did notice that it was definitely less than that, but it was not part of the notice of violation, but he did say it probably could be and should be. pat commissioner garcia: thank you, sir. >> is there any public comment?
6:05 am
seeing none, mr. mcfarlane, you have three minutes for rebuttal. >> thank you. inspector dufty did make one point that i was going to make. the notice of reference does not reference the washing machines at all. if they would like to have department of building inspection do another inspection, maybe we end up here with a notice of violation that actually deals with the washing machines, but we do not have that issue in front of the board right now. instead, the issue we have right now is a notice of violation for repairs to the deck, and once again, it is very, very difficult for these tenants to end up in a scenario in which they are not in front of this board or in front of the rent board when they do not have an answer from their landlord about what he is intending to do.
6:06 am
they have not got an answer. i personally have written a reasonable accommodation letter on behalf of sherida ireton and sheriann ireton over one month ago. he has never responded. these are separate issues but a pattern of practice which has brought us here. once again, the narrow issue is that the opponents would like the board to preserve their longstanding laundry facilities. i understand this is not aesthetically pleasing to the permit holder. he probably would like to sell the property for a profit, and it does not look great. i also understand that for whatever reason the house will was no likelihood prohibit this and will likely be an ongoing issue, but the fact of the matter is that the laundry facilities have been there for over 50 years. these tenants have lived their respective weafer and 1967,
6:07 am
1973, and 1981. there has never been an issue with these laundry facilities, even when the notorious landlord -- this has only become an issue since the permit holder purchased the properties calm and it became an issue two days, well, one week after he purchased the properties, and then the tenants spent the next two months trying to get information. all of the information they got was either "we will eliminate your laundry facilities but" or no response whatsoever. so in order to release provide some clarity about the construction that can take place pursuant to this, the appellants respectfully request that the board condition this to preserve the facilities. commissioner fung: counselor,
6:08 am
the clients pinscher for which you are making the ada case, " what for do they live? >> sherida, the most impacted lives on the first floor. commissioner fung: and is there a second ada? >> yes, sheriann. commissioner fung: and she lives on the second floor? >> yes. it was to preserve the existing moderate this in the days. commissioner garcia: in your opinion, if the egress was supposed to be a certain number of issues, -- inches, would the
6:09 am
situation be acceptable print >> i believe it would be. if i may. inspector duffy would know this better than i, but i think it is important that the most severely impacted appellant is on the bottom floor, and i do not believe that the violation dealt with the bottom floor small porches. i think that all of the violations -- commissioner garcia: i do not think you are supposed to be addressing him directly, and your answer does not go with any questions and anyone was asking. commissioner peterson: you are not representing all 12 of them?
6:10 am
>> no. >> that is not which true that i have not been communicating with them. all i am trying to do is get this notice of violation taken care of. i have no intent on selling the building for a profit, like he stated, and i do not know where he comes from with these accusations. needs a lot of work. the building was built in the 1800's. there is virtually no way to make this building ada compliant because you have to go underground and come up in the back for the bat exit, which is not adequate, and the front entrance has stairs, so there is issues there, you know. there is only so much i can do with a building that was built in 18 a.d., but right now, all i would like to do is make the repairs.
6:11 am
there are holes in the deck, as mr. dufty can tell you. there is a ton of personal property all over the decks. when the decks get wet, they have no way to drive because they are completely covered with items of personal property, and all i want to do is fix it. commissioner goh: i have a question. can you talk about a month rent facilities on the first floor unit and whether the denkinger or whenever they are sitting on is part of the nov? -- whether the deck or whenever they are sitting on is part of that? >> we are going to repair in the end, rather than the part of it covered the garbage and try to hide something from him. i have no idea.
6:12 am
commissioner goh: not part of the now. no -- v. -- not part of the nov. >> i do not know. the inspector did not approve the workmanship. commissioner goh: thank you. commissioner fung: you of other properties here, br mr.itton? -- here, mr. britton? >> that is not to be discussed here. >> anything else, mr.duffy -- anything else for mr. duffy? are you looking for the nov?
6:13 am
it would be in the pellets -- the appellants' breeds. commissioner goh: my question is whether the nov affects this? >> i do not see it noted, but it is typical but the contractor should check the whole deck for any signs and take care of it all at once. it should get a full inspection. commissioner goh: is that a deck? the ground floor? commissioner fung: it is only six or 10 inches above, but it is made out of wood. commissioner it -- commissioner goh: ok. >> commissioners, the matter is submitted.
6:14 am
commissioner goh: comments, commissioners? commissioner fung: i have comments both ways. on the one hand, there is dry rot, and it needs to be taken care of. on the other hand, the issue on the upper levels did look to be as it was impairing the entryway. however, i think mr. britton is an experienced property owner in san francisco, and i think he realized this could take him to a number of different venues, and he should be looking for a
6:15 am
matter to these solutions so he is not in court all of the time. i would assume that this building is going to require additional permits and needs to be upgraded, you know? commissioner garcia it -- garcia: i see a letter from june about a program that i thing started in world war ii, and there was such a severe shortage of people working in the united states because men were off at war, and i think it might have predated so many women becoming rosie rivers -- rosie rivetors. they set of this program, and in allowed mexican workers to come
6:16 am
into the united states to work legally, and loosely translated, the spanish word means strong arm, and that is what this letter feels like. you feel as though if you are going to be a member of the business community, a member of a community at all, there are certainly legal responsibilities, but there are responsibilities, one would hope, on a humanistic level, and the tone of this letter is not very user friendly. it is aggressive. it does not properly defined, i do not mean to use the word properly, it does not reasonably defined what someone's rights are and how they are to be treated when they have been in the building for a long time. certainly, they were there long before this building was purchased by mr. britton, and at the very least, one would have hoped that a letter would have
6:17 am
gone out but said "i am not want to continue to allow you to have washing machines on the deck, and here are the reasons. there is a potential for the washing machine to leak, and that would damage the wood and increased opportunity for what," something like that. there are probably ways to solve that water problem. i do not know what is within our power to do here, but i am willing to accede our power -- exceed up power to do what is humanistic. commissioner peterson: i keep struggling if there is a way at least to protect the laundry facility on the first floor. i do not think we need to condition that for all 12 units,
6:18 am
and there are some efficiencies in combining, maybe some safety concerns on some various other decks, but there is something about meeting on the first deck that is very compelling note. commissioner hwang: i particularly appreciate commissioner garcia's statements with the long-term tenants and with respect to access to facilities you have long been using and entitled to. with respect to the permit, which is before us, i do think it is within our jurisdiction to hear what the impact far and
6:19 am
address them -- what the impacts are and address them as necessary, so i do not think we would be in any way exceeding our jurisdiction to condition the permit in accordance to what we believe is appropriate. commissioner goh: i agree with those sentiments. do we have a motion, commissioners, or more comments? commissioner fung: i was going to ask mr. britton if he would consider putting in a community laundry facility. x -- it >> as i told you, i have just started on this building. i have to find out where the sewers are, what kind of shape they are in, and what we have seen so far is it looks like it is very old. we have to have a central location where we can get a
6:20 am
similar and drain these machines. we have to be able to vent the dryers. it is a very unusual building, and as i told you, it was built in the 18 eighties. it was not built with these things in mind, so until we get some time spent in their, going underneath the building, finding out how we can get up with the events, finding out we could send the dryers, that kind of thing, i cannot make any commitments to you. unfortunately, i just cannot at this time. it would make more sense to have one central laundry rather than 12 individual flandres systems. it makes a lot more sense. it would be more efficient, they would get better machinery, but right now, they have these washing machines on the decks. some of them have dryers in the kitchens, and to be quite honest with you, i do not think any of that stuff was inspected over
6:21 am
the years because of the way they are installed, it just does not look right. commissioner goh: has your question be answered -- been answered? commissioner fung: yes. >> i went to make these repairs. commissioner fung: we could give you a continuance to find out. >> it needs to get fixed. the debt needs to get fixed. i think mr. duffy will tell you, there are holes in the decks. commissioner fung: all decks? >> the damage is pretty bad. i did not inspect that.
6:22 am
it was above my head. all of the second foredecks, it is various areas. it is widespread, but it is not the complete decks upstairs, and i did not check the bottom floor. commissioner fung: when i first started here, we had a case where we allowed a portion of the work to continue note. >> and tissue -- when someone rises -- raises a question about what safety, we usually refer them to the department of building inspection. that assessment would normally be made by the department of building assessment -- inspection. commissioner fung: i would like to do that. commissioner garcia: i have to make a comment. we would not even be here
6:23 am
tonight. i am not director ring -- directing this to you, and mr.britton. i have property in louisiana, and i cannot tell you all the problems there are there with insurance and everything, but if you had just simply said to the tenants, "i just bought the building. it seems as the many, many things are not up to go. i will have to bring it to a point where it is co-compliant. it worries me. i do not know how the washing machines would drain or the dryers are vented. we have a great probability that you might lose that. etc., etc., etc., and why someone would choose, and i am not necessarily saying you would do that, but why someone would choose to have an adversarial relationship with people in a building that they own as opposed to figure out how to belong of being human beings living on the planet, s i do not
6:24 am
understand, but it is your right to have that approach. >> i have been doing this a long time. i do not have adversarial relationships. i can bring in a multitude of tenants here to tell you that we treat them absolutely perfect, you know? almost to the point where they are getting room service. i did not start the adversarial relationship. they started the adversarial relationship, ok? i am just trying to make the repairs, and all of a sudden, they got a little upset because things were going to change. if you look at the photographs of the decks, they are cluttered. it is not safe. if there is a fire in the building, nobody is getting out that rear exit. i have photographs of the interiors. they are at the rear of the unit, and because they put additional machinery in there, if a fire occurred, they are
6:25 am
going to struggle to get out the back doors, and even if they get out the back door, they will have a hard time clearing the deck because there is garbage. commissioner garcia: annie could say if this is -- then you could say if this is code compliant, then you can keep them. put your positions pigeon put yourself in the position of the client and read your words. that would be your characterization, not mine. commissioner fung: i have a motion. commissioner fung: i have a motion to uphold the permit except for the globe -- ground floor deck. >> then i would have to --
6:26 am
commissioner garcia: you do not have the opportunity to speak. >> sir, sit down. thank you. commissioner garcia: the amendment i would make is that unless there is a way to show becker they should be placed back on the decks unless they are shown to be not in compliance with the code. commissioner fung: i accept that. >> me? commissioner rcm: -- garcia: i do not think so. commissioner goh: it is just
6:27 am
based on those appliances. commissioner garcia: it is for those apartments that are affected by the permit. not all of them are. commissioner goh: 8 of them are. >> absolutely no work would be done to the ground floor deck. in that condition still in there? and then additionally that any monterey appliances removed during the work shall be returned provided the -- that -- commissioner garcia: provided that it can be done in a way that is " -- code compliant.
6:28 am
commissioner peterson is there some sort of timeline for the bridge and for this? commissioner fung: she is concerned about the ground floor. commissioner hwang: the ground floor. >> additional permits can be taken up for work on the ground
6:29 am
floor. >> mr. pacheco, i think we are ready to have the roll called. >> to reiterate, the motion is to grant the appeal, a poll this permit, with two conditions, that no work be done on the ground floor deck that is adjacent to note -- commissioner fung: the ground floor. >> adjacent to ms. ireton's.